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Even though I was resoundingly vindicated by the Malaysian High and Federal Courts in a process that ended in April 2021, AIAC and I now face the challenge of making up for AIAC’S loss of high value and international cases over the past few years. The 2023 Rules are crafted to be in close alignment with the UNCITRAL Arbitration Rules.
This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. Interestingly, Article 11 has introduced “justifiable doubts” as the standard of disclosure which has its original basis in the UNCITRAL Arbitration Rules 2021. However, Eiser already made these requirements obligatory.
This issue was addressed in a 2021 Blog post by Panagiotis Kyriakou and Charlène Thommen, which commented on the Swiss Federal Tribunal’s (“SFT”) revision of the Court of Arbitration for Sport (“CAS”) award in WADA v. The first addition (“a person or entity over which a party has a controlling influence”) is easy to explain.
Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). That said, the ‘double waiver’ argument has not been received well, at least under English law.
This ascendancy is underscored by the significant strides made since the enactment of South Africa’s International Arbitration Act in 2017, which incorporated the UNCITRAL Model Law, and the subsequent revisions to the AFSA International Rules in 2021.
These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards. Australia: A Pro-Arbitration Shift Dr. Michael Pryles’ National Report for Australia presents a thorough analysis of the 2021 amendments to the ACICA arbitration rules. India: Framework Revisions Underway Fali S.
Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. 2021) lends insight applicable to the Fujitsu ruling, particularly in the context of the California Code of Civil Procedure. 168 (2021). Lueck , 471 U.S. 202, 204 n.1 4th 1377 (Fed.
In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.
Although it can be said that Previc supervises and has a somewhat controlling influence on Petros, it remains unclear whether the relationship between these two entities could represent a “direct economic interest” under the wording of item 1.2 14.472, Justice Paulo de Tarso Sanseverino, 16 August 2021 ).
Abu Dhabi’s Institutional Facelift Until the opening of the ICC Court of Arbitration’s fifth overseas case management office in the ADGM in 2021, the UAE’s capital hosted only one arbitral institution: the Abu Dhabi Commercial Conciliation and Arbitration Centre (“ ADCCAC ”). 34 of 2021 (“ Decree No.
Nevertheless, even if it initially seems that all sanctioned Russian parties have little incentive beyond withdrawing from arbitration agreements to resolve disputes in Russian courts, various factors could influence their decision. The ACM, by contrast, based its above-mentioned decision on these amendments, namely, Article 248.1(4)
2) See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.268 3) See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.26 2) See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.268 3) See Gordon Blanke, Blanke on UAE Arbitration Legislation and Rules (2021) p.26
Regarding authorization procedures, the SIFA requires the Parties to process applications objectively, impartially, and independently from undue influence, with clear, transparent criteria (Articles 19 and 21). Potential Impact and Future Implications In summary, the SIFA marks a significant milestone in international investment law.
Eco Oro Case: The Outlier’s View The question of how to interpret this type of FET clause led to a heated debate between the majority of the tribunal and Philippe Sands in his dissenting opinion in the 2021 Eco Oro v Colombia case, decided under the Canada-Colombia FTA containing a FET clause copied from the US Model BIT.
Paris, amidst its annual Arbitration Week in 2024 , saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia. Hong Kong is third.
Overall, French courts have not only consolidated their approaches on recurring topics—as was the case in 2020 , 2021 , and 2022 —but have also taken a slightly more restrictive than usual stance towards international arbitration. Although the CoA may have been influenced by the exceptional circumstances of the case (i.e.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 Firstly , if we consider the case of true friends, the disclosure is obviously required. Hope to see you there!
South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders.
Snider (Charles Russel Speechlys LLP) discussed the unexpected abolition of the DIFC-LCIA Arbitration Centre through Decree 34 of 2021 and the overall growth trajectory of the DIAC. Factors influencing these choices include the backing of a robust and pro-arbitration judiciary, comprehensive legislative frameworks, and legal predictability.
The provision also authorizes procurement technical assistance providers to provide education to small businesses on the requirements of DFARS 252.204-7012, Safeguarding Covered Defense Information, and the requirements for mitigating risks related to foreign ownership, control, or influence of DoD contractors under section 847 of the FY 2020 NDAA.
Citing the 2021 White & Case International Arbitration Survey , Sherwin emphasized that 70% of North American international arbitration users prefer the ICC as their arbitral institution, and those based in the U.S. constitute the largest group of ICC users. Rule of law is also a question of transparency.
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.
However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.
Indeed in 2021, the Prime Minister of Mongolia reaffirmed Mongolia’s commitment to a stable and attractive investment environment and extended apologies to foreign investors for past uncertainties and challenges.
SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. The total sum in dispute with Philippine parties in 2021 was USD 1.9 Gloria Lim , CEO of SIAC, and Ms. billion and USD 1.7
Peoples Republic of China The draft amendment to the PRC Arbitration Law (2024 Draft) was released on November 8, 2024more than three years after the publication of the 2021 draft amendment (2021 Draft)marking a long-awaited development in the reform of the PRC Arbitration Law.
34(4) 2021 UNCITRAL Rules , Art. 33(2) 2021 ICDR Rules , Art. 36(3) 2021 VIAC Rules , and Art. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata 190
In a year marked in France by the Paris Olympics and political instability, 2024 proved to be somewhat less eventful in terms of arbitration-related developments than previous ones (see 2023 , 2022 , 2021 , and 2020 ). New trends and reforms are also on the horizon. This post aims to review some of this years noteworthy developments.
Further, in July 2021, the Roia Montan Mining Cultural Landscape was inscribed on UNESCOs World Heritage List and simultaneously on the List of World Heritage in Danger because of the threats posed by plans to resume mining, thereby additionally complicating the situation (Award, para. All claims were ultimately dismissed by the majority.
It scrutinizes a pivotal court ruling that extends the influence of arbitration clauses to non-signatory entities, stressing the necessity for precise comprehension of arbitration stipulations in construction contracts.
Hirose assumed her current position in February 2024, after having served as a Deputy Secretary General since 2021. I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. However, future technological and policy developments in the energy sector may influence the landscape of investment disputes.
In June 2021, in an unrelated arbitration, Freshfields replaced legal counsel previously representing the party who appointed DEG. DEG gave an expert declaration on the instruction of Freshfields in foreign law proceedings which took place in the period from 25 February 2022 until 21 March 2022 and was not disclosed.
Today, I am active in several associations, such as the Swedish Anti-Corruption Institute , the International Law Association , and the International Federation of Commercial Arbitration Institutions. In 2021, you launched the SCC Express. Thereafter, I headed the Swedish Company Lawyers Association for a number of years.
How has your New Zealand heritage shaped and influenced your worldview during the course of your career? According to the 2021 survey released by Queen Mary University of London (QMUL Survey), the five most preferred seats for international arbitration are London, Singapore, Hong Kong, Paris and Geneva (in that order).
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